Republican Senate Leader Urges a Ban on Lobbyists' Gifts

The majority leader of the New York State Senate is proposing for the first time that lawmakers be barred from accepting gifts from lobbyists, a move to defuse criticism that many lawmakers are routinely showered with free meals, sports tickets and other favors.

The proposal, by Joseph L. Bruno, a Republican, represents a shift because he has declined to push similar measures through the Senate in the past. It puts pressure on Democratic leaders in the State Assembly to follow suit, lest they appear opposed to reform in an area that has been a source of great embarrassment for the Legislature this year, after it was disclosed that a lobbyist for Philip Morris, the tobacco company, had spent hundreds of thousands of dollars on meals and other gifts for Albany legislators.

But the Democrats, too, have refused to pass such measures, despite support for change among some members of the party.

Besides imposing an outright ban on nearly all gifts, Mr. Bruno's plan would, for the first time, require disclosure of all lobbying of state agencies under the control of Gov. George E. Pataki, a relatively popular Republican who is not up for re-election until 2002. Current law requires disclosure only of lobbying of the Legislature, the Governor's office and, to a very limited extent, agencies. The expansion to include all state agencies is likely to meet resistance from the Pataki administration. The disclosure provision applies to dealings over agency permits and contracts.

In an interview today, Mr. Bruno acknowledged that the Legislature's image had been sullied by recent disclosures that lawmakers had routinely received gifts, mostly free dinners, from lobbyists. He said his intention was to restore the public's confidence in government. Mr. Bruno added that he might bring his bill to the Senate floor for a vote as early as next Tuesday.

''I don't believe that anybody was trying to influence in an inappropriate way,'' Mr. Bruno said in defense of dinners that lobbyists have routinely paid for to talk with lawmakers about various policy matters. But he added that ''there is a perception that legislators are being wined and dined.''

The proposed gift ban would not be limited to state lawmakers, applying to officials in state agencies as well as those in local governments. It would also require lobbyists doing business before local governments to disclose their lobbying directly to state regulators.

The current law now allows legislators, administration officials and their top aides to accept an unlimited number of gifts worth less than $75 each -- provided that those gifts are not intended to influence policy decisions. But it is highly difficult to prove such intent. In fact, no lawmaker has been sanctioned for violating the gift provision since it was enacted in the late 1980's.

Mr. Bruno's proposal would abolish nearly all gifts, with some minor exceptions such as free meals at large gatherings like local picnics and barbecues.

Mr. Bruno's proposal would also tighten the disclosure requirements for lobbyists and their clients. The law now requires them to disclose their total expenditures on lobbying state government. But critics have long argued that the disclosure requirements are relatively lax.

For example, lobbyists who are investigated for failing to disclose their expenditures fully to the state can avoid penalties by correcting their disclosure statements within 15 days. The critics of the law say that such a grace period provides little incentive for lobbyists to follow the rules in the first place.

Mr. Bruno's proposal would eliminate that grace period altogether and increase penalties for individuals and companies that do not fully report their lobbying activities to the state. The penalties for each violation would rise to $25,000 from $5,000 under the proposal. That means Philip Morris would have been fined $375,000, instead of $75,000, for the 15 violations that the state lobbying commission recently determined it committed.

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Patricia Lynch, a spokeswoman for the speaker of the Assembly, Sheldon Silver, a Democrat, said she saw a number of weaknesses in the proposal, including the provision that allows lawmakers to accept a meal at large gatherings. Ms. Lynch said that exemption could allow lawmakers to circumvent the gift ban by simply attending lavish fund-raisers sponsored by lobbyists.

''This will not fix the perception of the problem or the problem,'' she said. ''Everything will turn out to be one enormous fund-raiser.'' Ms. Lynch added of Mr. Bruno's proposal: ''It's too cute. It's too slick. And it accomplishes nothing.''

Michael McKeon, a spokesman for Mr. Pataki, declined to endorse Mr. Bruno's proposal, saying that the Governor's office had not had a chance to review it. ''The Governor has stated time and again that he would like to strengthen the current lobbying laws,'' he said.

The proposal could provide the Senate Republicans with political cover in the event the legislators' practice of accepting gifts from lobbyists becomes an issue in the elections next November. The Republican majority in the Senate is much slimmer than the one the Democrats hold in the Assembly, and Mr. Bruno cannot afford to jeopardize his tight control over that house.

Blair Horner, the legislative director for the New York Public Interest Research Group, praised Mr. Bruno's action, though he expressed concern that the proposal did not include a provision that would give regulators new power to randomly audit expenditure statements that lobbyists must now file with the state.

''Mr. Bruno becomes one of the loudest voices in Albany for reform with this proposal,'' said Mr. Horner, an outspoken critic of the current lobbying law. ''It is a step in the right direction and could dramatically change the culture in Albany.''

The proposal comes as the current law on lobbying is set to expire at the end of the year. The law was first approved in the 1970's, when lobbying was not nearly as vast an industry in Albany as it is today. The law has come under attack in recent years from government reform groups that say it is weaker than regulations set by Congress and other states.

Leaders in both parties had planned to quietly renew the old law, as they have in the past, but found the law's weaknesses -- and themselves -- under close scrutiny after the recent disclosures that a lobbyist for Philip Morris had spent lavishly on dinners and other gifts for scores of lawmakers while failing to report them to the State Lobbying Commission, as is required by law. The $75,000 fine against Philip Morris, while the largest penalty ever handed down by the commission, was but a pittance to such a large corporation.

The full Senate could take the proposal up next Tuesday, when rank-and-file members return to Albany for a special session.

Once the measure is passed by the Senate, as is expected, it will be sent to the Assembly, where it faces an uncertain future.